“Aa jayega", "aata hoga": Advocates write to Allahabad High Court highlighting issues about clueless help desk, e-filing, listing of cases

About 50 advocates practicing before the Allahabad High Court have written to acting Chief Justice, Sanjay Yadav and other senior judges of the court highlighting issues regarding e-filing and listing of cases which have been filed through the electronic mode. .The lawyers also raised serious grievances against the help desk set up to aid the lawyers in e-filing and virtual hearing. The representation signed by 52 lawyers alleged that the people at the help desk are clueless about status of cases and give vague responses when they are called for assistance. "The persons sitting at the Help Desk (14600) are completely clueless as to the status of the cases, and totally unavailing and nugatory when it comes to providing any real ‘Help’ or information – parroting fruitless responses, such as “Aa jayega,” “Aata hoga,” “Intizar kar lijeye,” etc., when asked about the status of any filing or urgent mention," the representation said. .It also highlighted how despite the COVID-19 pandemic being at its peak, the current system of filing before the Allahabad High Court, requires files of cases "to be physically printed first and prepared physically by serving the hard copies of the same on the State or government/ local Bodies.""Owing to the same, the advocates have to run hither and thither, from pillar to post and travel long distances to find shops that would provide the said services – daring the virus all throughout," it was stated. Even the rare shops that are found to be open, squeeze exorbitant and unfair amounts from the advocates who are already financially devastated since last year, with no help from any quarter, for printing of pages and the photocopies, it added. .Regarding the listing of cases, it was claimed that even urgent matters like Habeas Corpus, bail and stay of arrest cases are not being taken up, or if they are, then are withheld owing to minor and inconsequential defects. ."Further, to the utter dismay of the Advocates, the files after being filed do not get reported for weeks on end, even for extremely urgent cases, such as Habeas Corpus, Bail, Arrest Stay, etc., and in case they are, the files are withheld owing to minor and inconsequential defects as notified by the Registry, thus, putting the litigants through immense hysteria and torment, which goes on to deal a crowning blow to the mental health and stability and the professional practice of the Advocates," the representation said. .They therefore suggested the following corrective measures:i. Filing of Soft copies: Soft copies of the writ petitions, appeals, applications, etc., must be allowed to be directly uploaded and filed on the e-filing portal.ii. E-Notice via Email: State, Union and Local Bodies should be directed to accept e-notices via email, instead of hard copies. iii. Prompt Listing of Cases with Defects: The cases must be processed for listing in court and should not be withheld owing to any defects (which may well be cured later on)iv. Hearings via Virtual Open Court: There should be a single video conference (VC) link for the entire cause list(s) for all the advocates/ parties-in person to join, to be published along with the causelist itself or published on the website everyday.v. Urgent Mentioning via VC: By having a single VC link for the entire causelist(s), the advocates/parties-in-person should be enabled to appear and make urgent mentions directly before the Court.vi. Streamlining of Urgency/Listing Applications: The process of filing urgency and listing applications must be streamlined and the registry must be directed to deal with the same with highest concern, regard and vigilance, as the same could be a matter of life and death for the litigants; vii. Strengthening the Help Desk Service: The persons sitting at the help desk must be directed to provide proper ‘help’ and information as to the status of the files, urgent mentions, urgency/listing applications, etc., and listing and hearing of the same; viii. Accountability in Administrative Functioning: A framework or flowchart of the functioning of the registry in dealing with and processing of the filed matters, including urgent mentions and urgency/listing applications should be published on the website.ix. Switching over to a better VC Software: The software Jisti Meet currently used by the Court is extremely cumbersome and unhandy to use. It must be junked in favour of better alternatives available, such as Cisco Webex or Zoom, or Vidyo Connect, or such other App/software which the Court considers appropriate. x. Option for Court fees payment on the High Court’s website: The website for payment of Court fees should be junked as the same does not work. Even the new website does not allow a person to create ID, as for activation purposes the old site needs to open which is already defunct..The lawyers also requested the Court to consider the issues raised in this representation on an urgent basis or to treat the same as a PIL/letter petition and register a suo moto petition for taking necessary actions. .[Read representation]